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Ravindra Malve (Data Recovery Expert)     01 June 2011

COMPLEXITY ABOUT CUSTODY.........

Dear Friends,

I applied for the child custody on 11th may 2011 under GWA.After seeing the application court accepted to run the case on urgent basis.I sent summons,After rejecting twice she finally appeared before the court without any advocate,when asked about she replied that their advocate is not present and will come on 10thJune only.But judge suggested to appoint another advocate and appear after 2 days she filed an application doing mudslinging and making false allegations that I do not cares about her and my son,dont gives her money etc. etc.It was a strategy to detract the attention from core dispute

Hence on today ,3rd date I produced a very concrete evidences which made her fell on ground zero.The documents were proving her false on each and every ground.

Now my quersy is that to my wonder in the dispute only one party was present ,means I.Another person was my F in law.More shocking was that he is allowed to allege,speak and opine about the case in my wifes and sons absence.Judge listened his allegations carefully and also spend ample time over it.After it he made remarms about it too and said both of us to compromise we asked for the presence of the wife and child ,then in the discussions their advocate ignored it.And afterwards judge gave us next date.

My question is that speaking of a third person with judge and spending time with him besides the a ctual party,and discussing with him is proper or unlawfull?Judge suggested us to settle the score outside and gave us many good entertainment by reading poems etc. etc.etc etc....

So was the happened is legitimate?

To whom I should report about this?

My advocate says it was a riduculous to allow third person to speak behalf of a parent.Judge should have insisted to have party present otherwise could have given decision as exparty,As she was absent 2nd time in a row.

KINDLY REPLY.

 
 



Learning

 2 Replies

hema (law officer)     01 June 2011

The judge has erred.  only the party in person or his/her advocate is entitled to put the case before the judge.  in the daily order passed by the judge, if FIL's presence is noted and his averments are recorded, you should complain it to the district judge along with the certified copy of the daily order and also seek the transfer of your case from that court, if you feel you will not get justice.  reciting poems, telling stories from ramayana and mahabharata while deciding the legal disputes should be stopped.  but what can we do?  they are mylords and one who lacks reasoning power resorts to parables.

1 Like

Ravindra Malve (Data Recovery Expert)     07 June 2011

Any more suggestions?


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